ACN 115 722 248 Pty Ltd v JERRARD Milligan

[2012] HCASL 105

ACN 115 722 248 PTY LTD

v

JERRARD MILLIGAN

[2012] HCASL 105
A6/2012

1. The applicant commenced an action against the respondent in the District Court of South Australia.  By the action, the applicant sought damages for negligence and trespass in connection with a motor vehicle accident.  On 3 August 2010, Master Rice of the District Court ordered that the applicant's amended statement of claim be struck out.  The Master gave the applicant leave to file an amended statement of claim within 21 days.  The applicant sought, but the Master refused, to deny the defendant's insurers the right to conduct the defendant's defence. 

2. The applicant appealed against these orders to a judge of the District Court (Judge Soulio) who dismissed the appeal.  The applicant sought permission to appeal against the orders made by Judge Soulio to the Supreme Court of South Australia.  Vanstone J of that Court refused permission.  The applicant then sought permission to appeal against the orders made by Vanstone J to the Full Court of the Supreme Court.  That Court (Doyle CJ, Anderson and Stanley JJ) refused permission.  The applicant now seeks special leave to appeal to this Court against the orders made by the Full Court of the Supreme Court.

3. There is no reason to doubt the correctness of the Full Court's decision that an appeal to that Court was doomed to fail.  An appeal to this Court would enjoy no prospects of success.

4. Pursuant to r 41.10.5 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
15 August 2012 S.M. Crennan